[HISTORY: Adopted by the Board of Health
of the Township of Montville by BOH Ord. No. 1999-1 as Ch. 17.40 of the
1998 Code. Amendments noted where applicable.]
For the purpose of this chapter, the following
terms shall have the meanings indicated:
Includes waste material containing animal and vegetable matter
or only animal matter originating in houses, kitchens, restaurants,
slaughterhouses, rendering plants, hotels, produce markets, etc.
Includes an individual, firm, corporation, association, society,
partnership and their agents or employees.
That number prescribed by this chapter of animals of the
porcine family, except offspring of said animals, which offspring
are permanently removed from the premises upon being weaned.
No person shall have, keep, raise or maintain
any swine, as herein defined, within the boundaries of the Township
of Montville without first having procured from the Board of Health
a permit for that purpose. Such permit shall entitle the holder thereof
to have, keep, raise or maintain on the premises mentioned in such
permit not more than five swine, as herein defined.
A.
Application for a permit shall be made in writing to the Board of Health on forms provided for that purpose by the Board and shall be accompanied by a report of facts relating to each provision of § 438-5 of this chapter. A permit shall not be issued until the Board has inspected and approved the site and facilities where the swine are to be maintained to assure compliance with the provisions of said § 438-5 hereof.
B.
Before a permit shall be issued the Board shall ascertain
that the premises are located in a zone in which the maintenance of
swine is permitted by the Zoning Ordinance of the Township of Montville,[1] and that the number of swine to be permitted, which shall
in no event exceed five, shall comply with the provisions of said
Zoning Ordinance as to lot area and housing space per animal.
The fee for a permit shall be as set forth in Chapter 169, Fee Schedule, which shall be paid at the time application for the permit is made. The permit shall expire on June 30 of each year, and application for renewal thereof shall be submitted, together with the appropriate renewal fee, prior to July 1 of each year. A renewal application submitted after June 30 shall be assessed an additional late fee charge as set forth in Chapter 169.
The premises on which swine are maintained shall
meet the following minimum standards at all times:
A.
Location is such as to preclude odors and sounds therefrom
interfering with the comfortable enjoyment of life and property on
neighboring premises.
B.
Buildings, food storage bins, appliances, equipment,
feeding areas and other facilities on premises which might provide
food or shelter for insects or rodents are constructed and maintained
in such fashion as to permit proper cleansing.
C.
Water supply is adequate for proper sanitation.
D.
Water or other liquid to which mosquitoes may have
access is properly treated to prevent their breeding.
E.
Disposition is made of animal wastes, garbage, refuse
or vegetable matter deposited upon the premises in such manner as
to prevent insect breeding or rodent harborage or pollution of the
air or any body of water.
F.
Rodents or insects hazardous to public health do not
exist or reproduce therein or thereon.
G.
Garbage fed to swine is thoroughly cooked in apparatus
approved by the enforcing official at a temperature of not less than
185° F.
H.
Adequate equipment is available to maintain the premises
in a sanitary condition at all times.
The Board of Health or its authorized representative may at any reasonable time enter upon premises on which swine are maintained to inspect the same in order to ensure compliance with the provisions of § 438-5 hereof.
The maintenance of swine on premises in violation of any of the provisions of § 438-5 hereof is hereby declared to be a nuisance and detrimental to public health.
Permits may be denied or suspended by the Board of Health for failure to comply with the provisions of this chapter. Such denial or suspension shall become effective only after the permittee has been afforded a hearing upon notice. However, the Board may suspend a permit without prior hearing when such action is necessary to obtain the abatement of a nuisance as defined in § 438-5.
A.
Any person who violates or neglects to comply with
any provision of this chapter or notice issued pursuant thereto shall
be fined, upon conviction, not less than $50 nor more than $1,000
for each violation.
[Amended 2-28-2006 by Ord. No. 2006-09[1]]
B.
Each day that a particular violation continues shall
constitute a separate offense.
